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DEPARTMENT: JUSTICE AND CONSTITUTIONAL DEVELOPMENT
REPUBLIC OF SOUTH AFRICA
NATIONAL COUNCIL OF PROVINCES
PARLIAMENTARY QUESTION FOR WRITTEN REPLY
QUESTION NO.: 153
Mr R A Lees (DA-KZN) to ask the Minister of Justice and Constitutional
Development:
(1) Whether his department employs the services of persons as
magistrates on a temporary basis; if not, what is the position
in this regard; if so, (a) how many magistrates were employed on
a temporary basis in each province as at 30 September 2009, (b)
what is the term of employment of these magistrates, (c) why are
these magistrates appointed on a temporary basis not employed
permanently and (d) what is the remuneration and benefits paid
to these magistrates compared to permanently employed
magistrates;
(2) whether temporary appointed magistrates qualify for annual
leave; if not, why not; if so, what are the relevant details;
(3) whether, as at 15 October 2009, there were any persons working
as magistrates who had not been employed on a temporary or
permanent basis; if not, what is the position in this regard; if
so, why were such persons performing the duties of a magistrate
without being appointed;
(4) whether any of the temporary appointed magistrates (a) are
required to have the same qualifications as those permanently
appointed and (b) are given the same in-service education and
training as those permanently employed; if not, what is the
position in this regard; if so, what are the relevant details?
CW249E
REPLY:-
(1) It should be noted that the Magistratesâ Courts Act, 1944 (Act
32 of 1944)(âthe Actâ), makes provision, inter alia, for the
appointment of magistrates on an acting or temporary basis. In
terms of section 9(3) of the Act, a person may be appointed as
an acting magistrate for a period of not more than three months.
In terms of section 9(4) of the Act, a person may be
temporarily appointed as a magistrate for a period not exceeding
five consecutive court days.
(a) Information per province is not readily available. However, 321
appointments of acting magistrates in terms of section 9(3) and
21 appointments of acting magistrates in terms of section 9(4)
were made as at 30 September 2009.
(b) The term of employment in terms of section 9(3) is three months
or less and the term of employment in terms of section 9(4) is
five consecutive court days or less.
(c) Acting and temporary appointments are made, inter alia, for the
following reasons:
(i) Magistrates who are acting in higher posts leaving a
vacancy of a temporary nature;
(ii) Magistrates who are on vacation, maternity, study or
sick leave;
(iii) Magistrates who have recused themselves;
(iv) Magistrates who are on suspension; or
(v) Magistrates who are attending courses.
(d) The remuneration of acting and temporary magistrates is 60% of
the total remuneration package (the basic salary portion)
applicable to permanent magistrates as determined by the
President by notice in the Gazette. The total remuneration
package of permanent magistrates includes the following
benefits: (i) annual service bonus; (ii) homeowners allowance;
(iii) medical aid allowance and (iv) pension benefits. Since
acting magistrates are appointed for a period of less than three
months, they are not entitled to any of these additional
benefits included in the total remuneration package applicable
to permanent magistrates.
(2) Acting and temporary magistrates are not entitled to paid leave
of absence during their period since their appointment is for a
period of less than three months.
(3) We are not aware of any persons working as magistrates who were
not appointed in a permanent capacity in terms of section 10 of
the Magistrates Act, 1993 (Act 90 of 1993) read with section
9(1) of the Magistratesâ Courts Act, 1944, or appointed in an
acting or temporary capacity in terms of section 9(3) or (4) of
the Act.
(4)(a) No person shall be appointed as a magistrate, which
includes an acting or temporary magistrate, unless he has the
legal qualifications referred to in the Magistratesâ Courts Act,
1944.
(b) No.